Opinion
NUMBER 13-11 -00179-CV
08-28-2012
BEVERLY PIRKLE AND STEPHEN O. PIRKLE, Appellants, v. U.S. BANK NATIONAL ASSOCIATION ND D/B/A ELAN FINANCIAL SERVICES, Appellee.
On Appeal from the 2nd 25th District Court
of Gonzales County, Texas.
MEMORANDUM OPINION
Before Chief Justice Valdez and Justices Garza and Vela
Memorandum Opinion Per Curiam
Appellants, Beverly Pirkle and Stephen O. Pirkle, perfected an appeal from a judgment entered by the 2nd 25th District Court of Gonzales County, Texas, in cause number 24,180. Appellants have filed a motion to dismiss the appeal with prejudice on grounds that the parties have reached an agreement to settle and compromise their differences. Appellants request that this Court dismiss the appeal with prejudice.
The Court, having considered the documents on file and appellants' amended motion to dismiss the appeal, is of the opinion that the motion should be granted. See TEX. R. APP. P. 42.1(a). Appellants' amended motion to dismiss is granted, and the appeal is hereby DISMISSED WITH PREJUDICE. In accordance with the agreement of the parties, costs are taxed against the party incurring same. See TEX. R. APP. P. 42.1(d) ("Absent agreement of the parties, the court will tax costs against the appellant."). Having dismissed the appeal at appellants' request, no motion for rehearing will be entertained, and our mandate will issue forthwith.
PER CURIAM